Bird

This is an action for personal injuries sustained by plaintiff logging driver when a log rolled off a truck during a loading operation. The jury verdict was in favor of plaintiff and against defendants, Hampton Plywood Company, a corporation, the owner of timber rights on the tract of land on which the accident took place, Kenneth B. McGuire, a logger engaged in the removal of felled logs from said land, Richard Cathey, a tractor operator, and Lawrence Head, a log loader. The judgment against Cathey and Head was pursuant to a directed verdict. All the defendants were alleged to have been negligent in the loading of said log. Hampton and McGuire both moved for a new trial, which motions were denied, and they both appeal. Cathey and Head have not appealed.

A number of questions have been raised by appellants on this appeal. In view of our determination that the judgment against McGuire was erroneous because of failure to comply with section 594 of the Code of Civil Procedure and rule 8.12 of the Superior Court (now Cal. Rules of Court, rule 220(b)), thus requiring a remand of the cause for a retrial as to appellants, it is unnecessary to determine questions not related to the…